Summer Break begins winding down - and a proposed amendment to the Federal Rules of Appellate Procedure

 

The Arkansas Court of Appeals issued a nine-page docket on Wednesday, April 20, 2025.  One page consists of cases submitted to the court; the other eight pages list motions submitted.  The Arkansas Supreme Court did not issue a docket today.

Readers may be interested in a proposed change to Fed. R. App. P. 15, which addresses how to obtain review of agency orders.  At the risk of generalizing, it appears that the change will preserve a premature petition to review an agency order.  Targeted are those petitions filed after the entry of the agency order, but prior to agency disposal of a petition for rehearing, reconsideration, or similar filing.  These premature petitions become effective when the agency disposes of the last petition for rehearing or similar filing.

Note that the premature petition would only become effective to permit review of the original agency order.  If a party wants to challenge the disposition of the request for rehearing, reconsideration, or similar filing, a new or amended petition for review would need to be filed as to those matters.

This proposal is open for comments until February 16, 2026.  If you would like to read the proposed amendment, accompanying commentary, and instructions on how to comment, you can start here: Proposed Amendments Published for Public Comment

Thank you for reading.